Daessar

Discovery dates

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Not sure if I made an error or not, but I thought I'd ask.

 

Sent a Request for Admissions/Interrogatories approx the first week in Aug. and the trial is for Sep. 30th. I had sent all other documents CMRRR, but this one I didn't, never recieved a response from H&H. On Aug 28th, I recieved a CCP 98 which is dated as such with the court, on a one day turnaround, I sent a DSC015 Request for Statement of Witness and Evidence ( Aug 30th ).

 

This was sent CMRRR dated by the PO on the 30th ( 31 days before trail ), they responded with denial of request because I was past the date allowed. This stuff is new to me and I have been reading as much as possible, but I thought I'd ask about options here.

 

thanks.

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I thought I'd try and clarify the 2 questions -

 

1. I forgot to use a CMRRR when I sent the Request for Admissions/Interrogatories, so does that mean I'm Sol on that and nothing I can do?

 

2. Was I really "too late" in mailing a DSC-15, 31 days prior to trial?

 

Those were the 2 questions I had, in my description and explanation above, sorry if it was confusing. 

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So I looked up the California CCP 96 again for reference, and I still think I am correct, it says:

 

 

"  ( b ) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered."

 

So why did I get a response of "too late"? I have dated proof that I mailed this 31 days prior to date.

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GOOD QUESTIONS: This has been my exact quandary AND with H&H as well.

I think I better hurry up...the trail set date is 10/18/13. Looks like I need to get discovery into them asap based on that CCP!  

 

I look forward to watching the answers to Daessar's questions. 

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Daessar, you sent the DSC-15 (CCP 96) 31 days before trial - according to your CMRRR when did they receive it?

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send them a meet and confer, with a copy of your recipt of when you mailed it stating you were on time.

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